Kimble v. Francis et al

Filing 17

ORDER that Plaintiff shall file a Notice within 10 days of this Order providing any and all information about FNU Shealton to assist the Marshal in identifying and effectuating service on that individual. Plaintiff shall file with his Notice an updated summons form for FNU Shealton. Plaintiff is cautioned that failure to comply with this Order may result in dismissal of the claims against FNU Shealton. Signed by Chief Judge Frank D. Whitney on 9/28/2018. (Pro se litigant served by US Mail.)(khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:18-cv-173-FDW
CIANO KIMBLE,

)
)
Plaintiff,
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vs.
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DENTON FRANCES, et al.,
)
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Defendants.
)
__________________________________________)

ORDER

THIS MATTER is before the Court on periodic status review of the case.
The Amended Complaint passed initial review on excessive force claims against Madison
County Sheriff’s Office employees Denton Frances and FNU Shealton. (Doc. No. 13). The United
States Marshal attempted to serve FNU Shealton at the Madison County Sheriff’s Office but the
summons was returned unexecuted on September 21, 2108. (Doc. No. 16). The summons form’s
“Remarks” section states in relevant part “9/20/2018: Spoke with Sheriff Buddy Harwood and he
does not have an officer by that name nor a similar name.” (Doc. No. 16 at 1). Plaintiff is instructed
to file a Notice within ten (10) days of this Order providing any and all information about FNU
Shealton to assist the Marshal in identifying and effectuating service on that individual. Plaintiff
shall file with his Notice an updated Summons form so that FNU Shealton may be served. Plaintiff
is cautioned that failure to comply with this Order may result in dismissal of the claims against
FNU Shealton.
IT IS THEREFORE ORDERED that:
(1)

Plaintiff is instructed to file a Notice within ten (10) days of this Order providing
any and all information about FNU Shealton to assist the Marshal in identifying
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and effectuating service on that individual.
(2)

Plaintiff shall file with his Notice an updated summons form for FNU Shealton.

(3)

Plaintiff is cautioned that failure to comply with this Order may result in dismissal
of the claims against FNU Shealton.

Signed: September 28, 2018

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